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How Apple Veto Will Alter Tech Strategies

8/5/2013 8:02AM

The decision to overturn a U.S. International Trade Commission ruling against Apple will likely shake up intellectual property in the smartphone market. The WSJ's Yun-Hee Kim speaks with Mark Summerfield, a patent attorney at Watermark, about how this will change the strategies of some of the big tech giants.

This transcript has been automatically generated and may not be 100% accurate.

... the the ... in a surprising is the Obama Administration vetoes the key and National tree Commission ... ruling banning Apple's products in the U S ... dealing a heavy blow to Samsung ... this is Asia's today and unique in ... joining me to discuss the story is marked summit fields ... had an attorney in Melbourne for watermark ... my thing so much for joining us today ... I'm going to link him as a huge surprise to many people watching this the high-profile litigation case ... took us a little but about ... how on ... what the impact is when it comes to Samsung what legal options the company has ... um well ... the ICC is active in teaching way it's able to issue ... rulings in these kinds of hiring the import of products and the United States Senate ... a ruling from the ITC ... copper been sales would use that protects the DOE already reading ... the United States but we're a people person opinion for my doc's ... I spokesman for patent holder like Samsung's very tight TC and say ... here we think that these are tax increase U S and its own and we would like to ... this be prevented from being brought into the country ... I ... in in this case the patents in question which accents and and the Saturday against Apple ... I'm related to the E three G cellular ... communication standards side ... there effectively patents that anybody who wants to make it three G compatible ... and or other mobile device ... needs to use ... and concert ... the issue here is that ... Apple really needs access to the patents ... Samsung having contributed that technology since then I've session prices ease and it's something of the production to make those patents available ... and in in this case and some say that out despite a state secret and get Apple to take a lot since a reasonable rates which is why it ... can lead to the ICC in this particular instance ... aam of course in the second stances in East Asia to the amount of overlap says they ... are to result in a part of being banned from importing countries is fairly extreme outcome but the ITC really doesn't have any other allies out such as awarding ... damages will forcing the company to say that ... at a reasonable rose to record a one ... aam confronts the courts and in the ICC has no power it said ... that's really heavy seas calm about my thing that irritates specific facts in the space ... under the reason why that has been speaks to ... write and rewrite that Samsung today their shares fell sharply and not a billion dollars came off their market cap today ... on top of the little that the little bit about the Friday ITC decision cuz that is crucial ... now I'm Apple has filed a complaint to ban some Samsung products in the US ... I think is the low impact ... this upcoming decision from the ITC ... it's interesting because on one hand they say yes that is a sound reason ... the piece very real event which is that the selling of bed at ... the exclusion order ... I which is related to being the standards essential nature of the patents in question ... the patents that Apple's sixty against Samsung ... reporting to the same pedigree debits Kiwi died ... I spent a guess on and in use interface elements and seven ... in theory Samsung could find in other ways too ... those things have been on a notice to switch to Fox actually working on the communications that were sent ... in index since ... that ... episode of being assisted by Apple and Samsung are turning to her pedigree and ... it's therefore not her parents that's the would be the same opportunity for Samsung to wear seat requests bets ... on ... Apple's aam exclusion order tickets will move with the piece ... says ... it is quite possible that's Samsung will be put in a position where its obvious perks when he bought the importance of the US whereas Apple has been placed in that situation ... that's very interesting and can be present and Thompson to Samsung's ambitions in expanding in the last ... part this a little but about whether this needs no might teach her ... some technology companies and filing ... future claims to the ITC ... I think ... in each heat is being car primarily at doubts the issue of the standards essential nature of the patents ... been ... when you has patents then no relation to the implementation of technology standards should probably take ... the view that ... its decision and is the certified by the president doesn't infect ... have any impact on beyond its curators business ... there are plenty people to think that ... this was effects that the right thing to do that's ... there is something out inappropriate about ... people using ... standards essential patents ATMs and technology the company's Rytikov avoid having to use ... I'd to to obtain injunctions or two of ... that any exclusion orders import bans ... on actually trying to keep the spreads that are not at ... that speed ultimately it's about what a reasonable price for access to the technology ... nor a bet with a runoff that technology should be allowed on the market will ... thanks very much Mike Summers field for your insight on this topic ... for more on this story can go to WS J dot